Bayoh in ‘zombie state’ and race played no part
A black man who died after police restrained him was in a “rage or zombie state”, one of the first officers on the scene said as he insisted his race had no impact on his decision to use Pava spray on him.
Sheku Bayoh, 31, died on May 3, 2015 after he was detained by police in Kirkcaldy, Fife. An inquiry into his death is being held in Edinburgh before Lord Bracadale.
Pc Craig Walker, who the inquiry heard weighed 25 stone at the time of the incident, responded to 999 calls about Mr Bayoh carrying a knife and attacking vehicles in Hayfield Road just after 7am.
He and colleague Pc Alan Paton were diverted from another call to the scene, where they found Mr Bayoh and rapidly deployed their incapacitant sprays.
Inquiry counsel Angela Grahame QC said a statement taken from the 41-year-old officer said he “formed the opinion that [Mr Bayoh] was physically capableofcausingseriousinjury to someone, and was clearly in some sort of ‘rage’ or zombie state”.
The inquiry was told that when they arrived on scene, Pc Walker, who has 17 years of service,“sawamuscularmalewho fitted the description of the suspect”.
In the statement read out to the inquiry on Thursday, Pc Walkersaid:“hewasverybroad aboutthechestandhadastrong build.thisiswhatinformedmy initial thoughts on the level of threat and potential resistance I would face.
“It was for this reason, combined with the information I hadreceivedonmyppr[radio], that I made the decision to deploypavaspraystraightaway.
“Ithoughtthatthiswouldincapacitate him and would also allowmetokeepasafedistance fromamalewhowasthoughtto be armed with a knife.
“Had he complied with our verbal instructions, the Pava spraywouldnotevenhavebeen used. Mr Bayoh’s race did not impact upon my views.”
The inquiry, at Capital House, heard that when the two officers arrived on scene, Pc Paton toldmrbayoh:“getdownonthe f ****** ground.”
Pc Paton, who has not yet given evidence, then used his CS spay.buttheinquirywastoldby Pc Walker he had doubts about how much of the spray reached Mr Bayoh.
“Mr Bayoh never stopped walking towards Pc Paton,” Pc Walker told the inquiry. "Pc Patonwasback-steppingwhilst engagingwiththemale.heheld a constant distance from him, but the male was always constantly walking towards him, which probably explains the urgency as he swore when he tried to make the male stop.”
He said the gap between Mr Bayoh and Pc Paton was being closed down.
Theinquirywastoldtherewas clear instruction, and that taking into account officer safety, the fact Mr Bayoh could have had a knife, and the road was
open to passers-by, meant he thought Pc Paton had done what was expected of him.
Pc Walker said: “We have numerous credible witnesses stating that he’s in possession of a big knife, he’s coming towards us, he’s not
engaging… he’s got a stare about him.
“It felt like a dangerous situation, and he was closing the gap rapidly, so the spray was deployed.”